Ever since the rhetorical turn in education, education scholars have recognized the importance of rhetoric in constructing and mediating human society. They have turned to rhetorical theory to come to terms with this rhetorically mediated reality and to engage students as critical citizens within it. Much of this work draws on rhetorical theorist Kenneth Burke, but much of Burke’s work remains unexplored in this area. We argue that his theories can be part of a user’s guide to educate students about (...) rhetoric’s function in society, to educate them about the opportunities and pitfalls that rhetoric brings. In this essay, we offer his dramatistic pentad as part of this larger user’s guide. The pentad identifies the logical elements of action and provides a model that explains the “grammar of motives”. It also provides a method for analyzing statements of motives, which rhetorical critics have long used to describe and explain strategic constructions of motives. Although the pentad is relatively easy to teach and to understand, its application to particular discourses can reveal complex relationships among the elements of action, laying bare their operation within the grammar of motives. We claim that the pentad offers lessons for students to engage with important societal issues, lessons about the limitations of any one construction of motives and how to overcome those limitations. (shrink)

In a market place crowded with practical rhetoric books what educational value could a challenging work such as Kenneth Burke’s A Rhetoric of Motives possibly have? Burke knows but doesn’t use the terminology of the classical art and rather than analysing the persuasive rhetoric of well-known speeches to equip us with strategies, he weaves his way around literary texts, teasing out meanings that their authors something intended, sometimes did not. Yet, despite such difficulties, A Rhetoric of Motives is a practical (...) rhetoric book. It is just that its process of explication teaches us to think well. This essay tries to explain Burke’s rethinking of the purpose and contents of a traditional teaching tool—the rhetorical handbook—and defends the value of literary-rhetorical reading that aims to ‘equip’ citizens to think openly. (shrink)

This essay notes a resurgence of interest in rhetorical studies on the appeal of form, grounded in the work of rhetorical theorist Kenneth Burke. The essay argues that form is not only a way to structure discourses, it is a way to structure experience. Form is foundational in creating perceptions and thus experiences. Form is also highly rhetorical, in that how we structure our world carries social and ideological implications. The essay thus argues that an understanding of form as foundational (...) and rhetorical should be central to the educational curriculum. This way of understanding form is then a way of making rhetoric central to education in ways surpassing even the efforts of the ancient Greeks and Romans. A rhetorically centered curriculum based on teaching students how to understand form in their lives is empowering and liberating for students at the same time that it instills in them a strong awareness of ethics. (shrink)

This essay takes a rhetorical pragmatist perspective on current questions concerning educational goals and pedagogical practices. It begins by considering some challenges to rhetorical approaches to education, placing those challenges in the theoretical context of their posing. The essay then describes one current rhetorical approach—based on Kenneth Burke’s dramatism and logology—and uses it to understand and redescribe another rhetorical approach—Jesuit teaching of eloquentia perfecta. Proceeding in this way, the essay presents both a general theoretical framework for discussing educational aims and (...) a specific practical example of how such aims might be achieved. (shrink)

Rhetorician Kenneth Burke’s theory of identification usefully demonstrates how communities are able to engage with difficult, opposing viewpoints as they develop or maintain a sense of shared identity. Identification, “establishing a shared sense of values, attitudes, and interests with [an audience],” is promoted dialogically in the modern national museum in a way that it is difficult for classrooms to emulate. This article examines dialogic national identification particularly through the focus in museums on certain key objects that serve as what Burke (...) termed “mythic images” that ambiguously unify multiple perspectives and translate their debates from the abstract to the concrete. By promoting the reflective identification of one’s personal memories with the collective memory of nationhood, national museums provide an aesthetic/pragmatic space for the dialogical embrace of a public identity that is not merely reflected in its exhibits but also continually reshaped by its visiting individuals. I end with the possibilities, or cautions, these mythic images suggest for varying types of communal identification—a tension inherent as well in Gert Biesta’s arguments for the meaning of a “good” education. (shrink)

Over the last few decades there has been a strong narrative turn within the humanities and social sciences in general and educational studies in particular. Especially Jerome Bruner’s theory of narrative as a specific ‘mode of knowing’ was very important for this growing body of work. To understand how the narrative mode works Bruner proposes to study narratives ‘at their far reach’—as an art form—and on several occasions he refers to the dramatistic pentad as an important method for ‘unpacking’ narratives. (...) The pentad proposed by Bruner to study narratives was developed by the American philosopher and rhetorician Kenneth Burke and is embedded in his general linguistic theory of dramatism. From an educational perspective Bruner’s reference to the work of Burke has not been elaborated upon thus far. In this paper we aim to take Bruner’s suggestion at hand and explore how his educational theory of narrative as a mode of knowing can indeed be enriched by Kenneth Burke’s theory and method of dramatism. We claim that specifically the rhetorical framework that is developed by dramatism offers an important perspective about perspectives for education in a context that is increasingly confronted with a plurality of interpretive frameworks. (shrink)

In our research and teaching we explore the value and the place of rhetoric in education. From a theoretical perspective we situate our work in different disciplines, inspired by major ‘turns’: linguistic, cultural, anthropological/ethnographic, interpretive, semiotic, narrative, literary, rhetorical etc. In this article we engage in the discussion about what all these turns might entail for education by elaborating on what it implies to read the world as a ‘text'—as is central in a semiotic approach—and by introducing new rhetoric in (...) general, and the work of the literary critic and rhetorician Kenneth Burke in particular, as a possible theoretical and methodological resource. We illustrate its application in the analysis of a fictional narrative. Our aim is to explore how an understanding of education as rhetoric can be integrated into the teacher education curriculum. (shrink)

In this article we introduce the special issue Attitudes Toward Education: Kenneth Burke and New Rhetoric, which brings together a number of contributions that were first presented at the conference Rhetoric as Equipment for Living. Kenneth Burke, Culture and Education. Kenneth Burke [1897–1993] is one of the foundational figures in the development of what is known as the ‘new rhetoric’. The aim of the contributions to this special issue is to explore what is pedagogical about Burke’s anthropological account of rhetoric (...) and, more specifically, whether his concepts and ideas can still be relevant for educational research and practice. In this article, we briefly introduce some key concepts from Burke’s rhetorical framework and we give an overview of the different contributions that are part of the special issue by summarizing how they address the educational dimension of Burke’s corpus. We end by introducing a ‘grammar of educational motives’ to explore educational purposes and implications. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our attributes as (...) persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

Virtue ethics is now widely recognized as an alternative to Kantian and consequentialist ethical theories. However, moral philosophers have been slow to bring virtue ethics to bear on topics in applied ethics. Moreover, environmental virtue ethics is an underdeveloped area of environmental ethics. Although environmental ethicists often employ virtue-oriented evaluation (such as respect, care, and love for nature) and appeal to role models (such as Henry Thoreau, Aldo Leopold, and Rachel Carson) for guidance, environmental ethics has not been well informed (...) by contemporary work on virtue ethics. With _Character and Environment_, Ronald Sandler remedies each of these deficiencies by bringing together contemporary work on virtue ethics with contemporary work on environmental ethics. He demonstrates the many ways that any ethic of character can and should be informed by environmental considerations. He also develops a pluralistic virtue-oriented environmental ethic that accommodates the richness and complexity of our relationship with the natural environment and provides effective and nuanced guidance on environmental issues. These projects have implications not only for environmental ethics and virtue ethics but also for moral philosophy more broadly. Ethical theories must be assessed on their theoretical and practical adequacy with respect to all aspects of the human ethical situation: personal, interpersonal, and environmental. To the extent that virtue-oriented ethical theory in general, and Sandler's version of it in particular, provides a superior environmental ethic to other ethical theories, it is to be preferred not just as an environmental ethic but also as an ethical theory. _Character and Environment_ will engage any reader with an interest in environmental ethics, virtue ethics, or moral philosophy. (shrink)

Virtue ethics is now widely recognized as an alternative to Kantian and consequentialist ethical theories. However, moral philosophers have been slow to bring virtue ethics to bear on topics in applied ethics. Moreover, environmental virtue ethics is an underdeveloped area of environmental ethics. Although environmental ethicists often employ virtue-oriented evaluation and appeal to role models for guidance, environmental ethics has not been well informed by contemporary work on virtue ethics. With _Character and Environment_, Ronald Sandler remedies each of these (...) deficiencies by bringing together contemporary work on virtue ethics with contemporary work on environmental ethics. He demonstrates the many ways that any ethic of character can and should be informed by environmental considerations. He also develops a pluralistic virtue-oriented environmental ethic that accommodates the richness and complexity of our relationship with the natural environment and provides effective and nuanced guidance on environmental issues. These projects have implications not only for environmental ethics and virtue ethics but also for moral philosophy more broadly. Ethical theories must be assessed on their theoretical and practical adequacy with respect to all aspects of the human ethical situation: personal, interpersonal, and environmental. To the extent that virtue-oriented ethical theory in general, and Sandler's version of it in particular, provides a superior environmental ethic to other ethical theories, it is to be preferred not just as an environmental ethic but also as an ethical theory. _Character and Environment_ will engage any reader with an interest in environmental ethics, virtue ethics, or moral philosophy. (shrink)

Ronald Barnett pursues this quest through an exploration of pairs of contending concepts that speak to the idea of the university such as space and time; being ...

ABSTRACT:The notion of stakeholder salience based on attributes (e.g., power, legitimacy, urgency) is applied in the family business setting. We argue that where principal institutions intersect (i.e., family and business); managerial perceptions of stakeholder salience will be different and more complex than where institutions are based on a single dominant logic. We propose that (1) whereas utilitarian power is more likely in the general business case, normative power is more typical in family business stakeholder salience; (2) whereas in a general (...) business context legitimacy is socially constructed; for family stakeholders, legitimacy is based on heredity; and (3) whereas temporality and criticality are somewhat independent in general-business urgency, they are linked in the family business case because of family ties and family-centered non-economic goals. We apply this theoretical framework to position and integrate the contributions to this special section ofBusiness Ethics Quarterlyon “Stakeholder Theory, Ethics, Corporate Social Responsibility, and Family Enterprise.”. (shrink)

Gilles Deleuze has produced some of the most important--and most formidable--theory on cinema to appear in the last half-century. Deleuze on Cinema provides a thorough and reliable guide to Deleuze's thought on the art of film, elucidating in clear language the shape and thrust of Deleuze's arguments found in his influential books on cinema.

ABSTRACT:The notion of stakeholder salience based on attributes (e.g., power, legitimacy, urgency) is applied in the family business setting. We argue that where principal institutions intersect (i.e., family and business); managerial perceptions of stakeholder salience will be different and more complex than where institutions are based on a single dominant logic. We propose that (1) whereas utilitarian power is more likely in the general business case, normative power is more typical in family business stakeholder salience; (2) whereas in a general (...) business context legitimacy is socially constructed; for family stakeholders, legitimacy is based on heredity; and (3) whereas temporality and criticality are somewhat independent in general-business urgency, they are linked in the family business case because of family ties and family-centered non-economic goals. We apply this theoretical framework to position and integrate the contributions to this special section ofBusiness Ethics Quarterlyon “Stakeholder Theory, Ethics, Corporate Social Responsibility, and Family Enterprise.”. (shrink)

In this paper I explore the extent to which a perspectival understanding of scientific knowledge supports forms of “scientific pluralism.” I will not initially attempt to formulate a general characterization of either perspectivism or scientific pluralism. I assume only that both are opposed to two extreme views. The one extreme is a (monistic) metaphysical realism according to which there is in principle one true and complete theory of everything. The other extreme is a constructivist relativism according to which scientific claims (...) about any reality beyond that of ordinary experience are merely social conventions. (shrink)

Despite both positive and negative perceptions of the current state of higher education, the contemporary debate over what it is to be a university is limited. Most of all, it is limited imaginatively. The range of imagined options is narrow. The imagination has not been given anything even approaching a wide scope. As a result, our sense as to what a university could be and could become in the modern age is itself impoverished. If we are seriously to develop a (...) wide range of ideas of the university that is adequate to the challenges of the modern world, the imagination itself needs to be freed. Imagining the University seeks to address each of these sets of issues and will do so by first, identifying a very wide range of ideas of the university as it is now unfolding and could become; secondly, by evaluating those conceptions of the university with a classification of ideas of the university; and thirdly, by reflecting on the imagination itself, its current impoverishment and its possibilities. Whether studying, researching or deciding policy, this book is vital reading to all those involved in the planning and delivery of higher education. (shrink)

This latest volume in the eminent Minnesota Studies in the Philosophy of Science series examines the main features of the intellectual milieu from which logical empiricism sprang, providing the first critical exploration of this context by ...

This text is not only perfect for a college course in argument analysis, but also as a reference tool when confronted with arguments outside the classroom experience.

Multiple realizability has been at the heart of debates about whether the mind reduces to the brain, or whether the items of a special science reduce to the items of a physical science. I analyze the two central notions implied by the concept of multiple realizability: "multiplicity," otherwise known as property variability, and "realizability." Beginning with the latter, I distinguish three broad conceptual traditions. The Mathematical Tradition equates realization with a form of mapping between objects. Generally speaking, x realizes (or (...) is the realization of) y because elements of y map onto elements of x. The Logico-Semantic Tradition translates realization into a kind of intentional or semantic notion. Generally speaking, x realizes (or is the realization of) a term or concept y because x can be interpreted to meet the conditions for satisfying y. The Metaphysical Tradition views realization as a species of determination between objects. Generally speaking, x realizes (or is the realization of) y because x brings about or determines y. I then turn to the subject of property variability and define it in a formal way. I then conclude by discussing some debates over property identity and scientific theory reduction where the resulting notion of multiple realizability has played a central role, for example, whether the nonreductive consequences of multiple realizability can be circumvented by scientific theories framed in terms of narrow domain-specific properties, or wide disjunctive properties. (shrink)

First, I briefly characterize Dretske’s particular naturalization project, emphasizing his naturalistic reconstruction of the notion of representation. Second, I note some apparent similarities between his notion of representation and Husserl’s notion of intentionality, but I find even more important differences. Whereas Husserl takes intentionality to be an intrinsic, phenomenological feature of thought and experience, Dretske advocates an “externalist” account of mental representation. Third, I consider Dretske’s treatment of qualia, because he takes it to show that his representational account of mind (...) succeeds in naturalizing even the “subjective” features of experience. I claim that Dretske's argument for his account of qualia turns on an ambiguous characterization of qualia. I conclude that he succeeds in naturalizing qualia only if qualia are understood as nonphenomenological features of experience and that he therefore has less to say than he thinks about the subjective life of beings such as us. (shrink)

This is the first comprehensive introduction to Deleuze's work on literature. It provides thorough treatments of Deleuze's early book on Proust and his seminal volume on Kafka and minor literature. Deleuze on Literature situates those studies and many other scattered writings within a general project that extends throughout Deleuze's career-that of conceiving of literature as a form of health and the writer as a cultural physician.

Civil Religion offers philosophical commentaries on more than twenty thinkers stretching from the sixteenth to the twentieth century. The book examines four important traditions within the history of modern political philosophy and delves into how each of them addresses the problem of religion. Two of these traditions pursue projects of domesticating religion. The civil religion tradition, principally defined by Machiavelli, Hobbes, and Rousseau, seeks to domesticate religion by putting it solidly in the service of politics. The liberal tradition pursues an (...) alternative strategy of domestication by seeking to put as much distance as possible between religion and politics. Modern theocracy is a militant reaction against liberalism, and it reverses the relationship of subordination asserted by civil religion: it puts politics directly in the service of religion. Finally, a fourth tradition is defined by Nietzsche and Heidegger. Aspects of their thought are not just modern, but hyper-modern, yet they manifest an often-hysterical reaction against liberalism that is fundamentally shared with the theocratic tradition. Together, these four traditions compose a vital dialogue that carries us to the heart of political philosophy itself. (shrink)

In Dangerous Minds, Ronald Beiner traces the deeper philosophical roots of such far-right ideologues as Richard Spencer, Aleksandr Dugin, and Steve Bannon, to the writings of Nietzsche and Heidegger—and specifically to the aspects of their thought that express revulsion for the liberal-democratic view of life.

The underlying thesis of the research in ethical autonomy for lethal autonomous unmanned systems is that they will potentially be capable of performing more ethically on the battlefield than are human soldiers. In this article this hypothesis is supported by ongoing and foreseen technological advances and perhaps equally important by an assessment of the fundamental ability of human warfighters in today's battlespace. If this goal of better-than-human performance is achieved, even if still imperfect, it can result in a reduction in (...) noncombatant casualties and property damage consistent with adherence to the Laws of War as prescribed in international treaties and conventions, and is thus worth pursuing vigorously. (shrink)

The past few years have seen a resurgence of interest in the scientific study of magic. Despite being only a few years old, this “new wave” has already resulted in a host of interesting studies, often using methods that are both powerful and original. These developments have largely borne out our earlier hopes (Kuhn et al., 2008) that new opportunities were available for scientific studies based on the use of magic. And it would seem that much more can still be (...) done along these lines. -/- But in addition to this, we also suggested that it might be time to consider developing an outright science of magic—a distinct area of study concerned with the experience of wonder that results from encountering an apparently impossible event1. To this end, we proposed a framework as to how this might be achieved (Rensink and Kuhn, 2015). A science can be viewed as a systematic method of investigation involving three sets of issues: (i) the entities considered relevant, (ii) the kinds of questions that can be asked about them, and (iii) the kinds of answers that are legitimate (Kuhn, 1970). In the case of magic, we suggested that this could be done at three different levels, each focusing on a distinct set of issues concerned with the nature of magic itself: (i) the nature of magical experience, (ii) how individual magic tricks create this experience, and (iii) organizing knowledge of the set of known tricks in a more comprehensive way (Rensink and Kuhn, 2015). Our framework also included a base level focused on how the methods of magic could be used as tools to investigate issues in existing fields of study. -/- Lamont (2010) and Lamont et al. (2010) raised a number of concerns about the possibility of such a science, which we have addressed (Rensink and Kuhn, 2015). More recently, Lamont (2015) raised a new objection, arguing that although base-level work (i.e., applications of magic methods) might be useful, there is too little structure in magic tricks for them to be studied in a systematic way at the other levels, ruling out a science of magic. We argue here, however, that although this concern raises some interesting challenges for this science, it does not negate the possibility that it could exist, and could contribute to the study of the mind. (shrink)

Bogue provides a systematic overview and introduction to Deleuze's writings on music and painting, and an assessment of their position within his aesthetics as a whole. Deleuze on Music, Painting and the Arts breaks new ground in the scholarship on Deleuze's aesthetics, while providing a clear and accessible guide to his often overlooked writings in the fields of music and painting.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.

The university has lost its way. The world needs the university more than ever but for new reasons. If we are to clarify its new role in the world, we need to find a new vocabulary and a new sense of purpose. The university is faced with supercomplexity, in which our very frames of understanding, action and self-identity are all continually challenged. In such a world, the university has explicitly to take on a dual role: firstly, of compounding supercomplexity, so (...) making the world ever more challenging; and secondly, of enabling us to live effectively in this chaotic world. Internally, too, the university has to become a new kind of organization, adept at fulfilling this dual role. The university has to live by the uncertainty principle: it has to generate uncertainty, to help us live with uncertainty, and even to revel in our uncertainty. Ronald Barnett offers nothing less than a fundamental reworking of the way in which we understand the modern university. Realizing the University is essential reading for all those concerned about the future of higher education. (shrink)

This text provides a comprehensive and timely examination of the most pertinent factors affecting institutional ethics committees, for ethicists, trustees, administrators, physicians, clergy, nurses, social workers, attorneys and others with an interest in ethics committees.

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

ABSTRACT As bioethics emerged in the 1960s and 1970s and began to have enormous impacts on the practice of medicine and research – fuelled, by broad socio‐political changes that gave rise to the struggle of women, African Americans, gay men and lesbians, and the antiauthoritarian impulse that characterised the New Left in democratic capitalist societies – little attention was given to the question of the ethics of public health. This was all the more striking since the core values and practices (...) of public health, often entailing the subordination of the individual for the common good, seemed opposed to the ideological impulses of bioethics. Of what relevance is autonomy‐focused bioethics for public health, with its mix of justifications including those that are either implicitly or explicitly paternalistic or that seek to impose strictures on individuals and communities in the name of collective welfare? To examine the deep divide between the central commitments of bioethics and the values that animate the practice of public health, we focus on a series of controversies implicating the concepts of privacy, liberty, and paternalism. Recognising the role of moral values in decision‐making was a signal contribution of bioethics in its formative period. Over the past three decades a broad array of perspectives emerged under the rubric of bioethics but individualism remains central. As we commence the process of shaping an ethics of public health, it is clear that bioethics is the wrong place to start when thinking about the balances required in defence of the public's health. (shrink)

In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...) want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

Criticism of Shakespeare's comedies has shifted from stressing their light-hearted and festive qualities to giving a stronger sense of their dark aspects and their social resonances. This volume introduces the key critical debates under five headings: genre, history and politics, gender and sexuality, language and performance.

Hermeneutics, or the theory of interpretation, is an extremely important branch of epistemology that has, in the past twenty years, been receiving an increasing amount of attention. There is now a fairly extensive body of rather daunting literature in the field, most of it originating in the European phenomenological tradition. Dimensions of the Hermeneutic Circle is intended to give readers who are philosophically sophisticated but not yet conversant with hermeneutics a comprehensive overview of the history and concerns of the discipline. (...) It shows how the development of hermeneutics in the past two centuries coincided with a gradual increase in our appreciation of the subtleties and many variations of the hermeneutic circle. It also makes explicity some of the more important ways in which the hermeneutic circle can be seen to function in the practices of the natural sciences, thus bridging the methodological gap between the Geisteswissenschaften and the natural sciences. The book is illustrated with forty diagrams representing the variation of the hermeneutic circle, further reinforcing the clarity of exposition. It will therefore be appropriate as core text for graduate or senior courses on hermeneutics or literary theory, and as supplementary text for courses in the philosophy of science, historiography, and aesthetics. (shrink)